Karnataka High Court
Cholamandalam vs Taru S/O Chandu Chawan And Ors on 17 September, 2025
Author: H.P.Sandesh
Bench: H.P.Sandesh
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MFA No. 202122 of 2018
C/W MFA No. 202121 of 2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 17TH DAY OF SEPTEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE H.P.SANDESH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
MISCL. FIRST APPEAL NO.202122 OF 2018 (MV-I)
C/W
MISCL. FIRST APPEAL NO.202121 OF 2018 (MV-D)
IN MFA No.202122/2018:
BETWEEN:
CHOLAMANDALAM
MS GENERAL INSURANCE CO. LTD.,
NO.4, 9TH FLOOR, GOLDEN HEIGHTS COMPLEX,
Digitally signed by 59TH 'C' CROSS, INDUSTRIAL SUBURB,
BASALINGAPPA
SHIVARAJ
DHUTTARGAON
RAJAJI NAGAR, 4TH 'M' BLOCK, BANGALURU-10.
Location: HIGH
COURT OF
KARNATAKA ...APPELLANT
(BY SRI. SUBHASH MALLAPUR, ADVOCATE)
AND:
1. TARU S/O CHANDU CHAWAN,
AGE: 48 YEARS, OCC: COOLIE,
R/O. CHANDAPUR-K, TANDA,
NOW AT GANGA NAGAR, NEAR HANUMAN TEMPLE,
KALABURAGI-585 102.
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MFA No. 202122 of 2018
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2. BHIMALU S/O DHAN SINGH NAYAK CHAWAN
AGE: 39 YEARS, OCC: DRIVER,
R/O. CHANDAPUR KEDAGENA TANDA,
TQ. SHAHAPUR, DIST. YADGIR-585 202.
3. SUNIL S/O GANGAPPA,
AGE: MAJOR, OCC: OWNER OF AUTO
NO.KA-33/5904, R/O. CHANDAPUR VILLAGE,
TQ. SHAHAPUR, DIST. YADGIR-585 202.
...RESPONDENTS
(BY SRI. SHARANABASAPPA K. BABSHETTY, ADV. FOR R1)
THIS MFA IS FILED U/S 173(1) OF THE MOTOR VEHICLES
ACT, PRAYING TO ALLOW THE ABOVE APPEAL AND
CONSEQUENTLY BE PLEASED TO SET ASIDE THE JUDGMENT
AND AWARD DATED 17.07.2018 PASSED THE III ADDL.
SENIOR CIVIL JUDGE AND MACT, KALABURAGI, IN MVC
No.220/2014.
IN MFA No.202121/2018:
BETWEEN:
CHOLAMANDALAM
MS GENERAL INSURANCE CO. LTD.,
NO.4, 9TH FLOOR, GOLDEN HEIGHTS COMPLEX,
59TH 'C' CROSS, INDUSTRIAL SUBURB,
RAJAJI NAGAR, 4TH 'M' BLOCK, BANGALURU-10
...APPELLANT
(BY SRI. SUBHASH MALLAPUR, ADVOCATE)
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MFA No. 202122 of 2018
C/W MFA No. 202121 of 2018
HC-KAR
AND:
1. DEVAKKAMMA W/O BASAVARAJ HOSMANI,
AGE: 54 YEARS, OCC: H. HOLD,
2. NAGARAJ S/O BASAVARAJ HOSMANI,
AGE: 36 YEARS, OCC: DRIVER,
3. MANJULA D/O BASAVARAJ HOSMANI,
AGE: 32 YEARS, OCC: H. HOLD,
4. VIJAYAKUMAR S/O BASAVARAJ HOSMANI,
AGE: 30 YEARS, OCC: STUDENT,
ALL R/O. GANGA NAGAR,
BESIDE HANUMAN TEMPLE,
KALABURAGI-585 102.
5. BHIMALU S/O DHAN SINGH NAYAK CHAWAN,
AGE: 39 YEARS, OCC: DRIVER,
R/O. CHANDAPUR KEDAGENA TANDA,
TQ. SHAHAPUR, DIST. YADGIRI-585 202.
6. SUNIL S/O GANGAPPA,
AGE: MAJOR, OCC: OWNER OF AUTO
No.KA-33/5904, R/O. CHANDAPUR VILLAGE,
TQ. SHAHAPUR, DIST. YADGIRI-585 202.
...RESPONDENTS
(BY SRI. SHARANABASAPPA K. BABSHETTY, ADV. FOR R1 TO
R4; SRI. SHIVASHARANA REDDY, ADV. FOR R5 AND R6)
THIS MFA IS FILED U/S 173(1) OF THE MOTOR VEHICLES
ACT, PRAYING TO ALLOW THE ABOVE APPEAL AND
CONSEQUENTLY BE PLEASED TO SET ASIDE THE JUDGMENT
AND AWARD DATED 17.07.2018 PASSED THE III ADDL.
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MFA No. 202122 of 2018
C/W MFA No. 202121 of 2018
HC-KAR
SENIOR CIVIL JUDGE AND MACT, KALABURAGI, IN MVC
No.51/2014.
THESE APPEALS COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
AND
HON'BLE MR. JUSTICE T.M.NADAF
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE H.P.SANDESH)
Heard the learned counsel for the appellant and
learned counsel appearing for the respondents.
2. These two appeals are filed challenging the
order passed by the Tribunal fastening the liability on the
insurance company. The counsel appearing for the
appellant would vehemently contend that the Tribunal
committed an error in fastening the liability on the
insurance company since there is a deviation of permit and
also counsel would contend that the Tribunal has not at all
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HC-KAR
considered the specific contention of the appellant that
place of accident is beyond the permit limits of the Auto
and the said Auto was plying in contravention of the
M.V.Act, the violation of the terms of the policy. The Ex.R3
permit extract which shows that the Auto has played
within 8 Kms. from Shahapur Town and the place of
accident is more than 12 Kms. from Shahapur Town.
Hence, the impugned order is liable to be set aside.
3. Per contra, learned counsel appearing for the
respondents would contend that deviation is not a
fundamental breach and there cannot be any modification
of the order of the Tribunal. No ground is made out to
interfere with finding of the Tribunal.
4. Having heard the learned counsel for the
appellant and also the counsel appearing for the
respondents and also on perusal of the material available
on record. The point that would arise for our consideration
of this Court is :
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Whether the Tribunal committed an
error in fastening the liability on the
insurance company when there is a
clear deviation. Whether it requires
interference of this Court?
5. Having heard the learned counsel for the
appellant and also the learned counsel appearing for
respondents and also material on record, it clearly
discloses that Auto rickshaw plied beyond the limit and
further contention of the insurance company is also that
permit is given within 8 Kms. of radius of particular Town
i.e. Shahapur but played outside the same. Having
considered the material available on record and also this
Court and also Apex Court categorically held in several
occasions that mere deviation is not a fundamental breach
and the fact that permit is in existence is also not in
dispute and the same would not amounts to a fundamental
breach. Hence, the very contention of the insurance
company cannot be accepted and Tribunal not committed
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any error in fastening the liability on the insurance
company. Hence, we answered the point as negative.
6. In view of the discussions made above, we
pass the following:
ORDER
i) Both the appeals are dismissed.
ii) The amount in deposit before this
Court be transmitted to the concerned
Tribunal for disbursement forthwith.
iii) The balance amount payable along
with interest as ordered by the
Tribunal shall be deposited by the
appellant, within six weeks from
today.
Sd/-
(H.P.SANDESH)
JUDGE
Sd/-
(T.M.NADAF)
JUDGE
SMP
CT: AK
